A Kilifi court has ordered a primary school headteacher to readmit a pupil accused of defilement.
The class eight pupil was expelled on March 23 after reports reached the school that he was involved in the crime.
The school head has since refused to allow him back, demanding that he presents a letter from the children's department and the lawyer on the progress of the case.
However, a magistrate's court has directed Fumbini Primary School headteacher Bojo Chilani to readmit the student or face a five-year jail term or Sh5 million fine as punishment.
Chilani who was charged with discriminating the 16-year-old boy, who is expected to sit his national primary examinations later in the year, risks another six-month jail term for contempt of court if he defies the directive.
The magistrate noted that though the defilement allegations are being probed by the police, that doesn't take away the boy's right to basic education.
“The Constitution places an obligation upon me to treat the subject as of permanent important. I am aware that the complaint here in is being pursued by the police as confirmed by the Investigating officer.
However, in the meantime, the subject is being denied his basic right to education. This Court cannot turn a blind eye to that anomaly, which is a great breach of his rights under article 53 of the constitution,” read the ruling.
The ruling was welcomed by Kilifi North Sub County Children's Officer Kennedy Owino who termed it illegal for the child to be sent away simply because of his ongoing case.
“It is illegal for any teacher to deny a child the right to education on the basis that they have a matter in court. A case does not compromise the child’s access to other rights,” he said.